Judgment

RAY, J.: This is an appeal by special leave from the judgment dated 13 August, 1969 of the High Court of Punjab and Haryana.

2. The appellant was appointed and confirmed in Punjab Civil Medical Service Class I with effect from 26 February, 1955. Respondent No. 3 Dr. S. S. Sekhon was confirmed in the same Class I service On 28 February, 1955. The time scale salary of Class I service is Rs. 600-40-800-50-900 with efficiency bar at Rs. 800/-. A class I officer on promotion to the selection grade is entitled to Rs. 1000/-.

3. Dr. Pritam Singh is a Fellow of the Royal College of Surgeons. He obtained qualifications in various post graduate medical courses in England and America. In 1961 he was serving the Government of Uganda in Africa at a salary of Rs. 3000/- p.m. in a permanent pensionable post. The Punjab Government in the year 1961 offered him the post of Civil Surgeon in the Punjab Civil Medical Service. Dr. Pritam Singh expressed his willingness to accept the post at a suitable salary.

4. Respondent No. 2 Dr. Pritam Singh was appointed on 16 July, 1962 as Chief Medical Officer in the Punjab Civil Medical Service Class I in the scale of Rs. 800-50-1500 with a starting salary